[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Proposed Rules]
[Pages 38960-38969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15154]


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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

41 CFR Parts 51-1, 51-2, 51-3, 51-4, 51-5, 51-6, 51-7, 51-8, 51-9, 
and 51-10

RIN 3037-AA13


Provisions Relating to Public Contracts

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Proposed rule with request for comments.

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SUMMARY: This proposed rule would amend the Committee for Purchase From 
People Who Are Blind or Severely Disabled's (Committee) regulations to 
address outdated information and proposes correction and clarifications 
within the chapter or with the Javits-Wagner-O'Day Act or the 
AbilityOne Program. This regulation was originally published in 1991 
and changes in Committee practices and concepts have occurred which 
requires updates to the CFR. These updates merely are administrative in 
nature.

DATES: Comments should be submitted on or before August 23, 2021.

ADDRESSES: You may submit your comments, identified by ``RIN 3037-
AA13'' by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Comments received will be posted without change to 
www.regulations.gov including any personal information provided. To 
confirm receipt of your comment(s) please check www.regulations.gov 
approximately two to three days after submission to verify posting 
(except allow for 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Shelly Hammond, 
<a href="/cdn-cgi/l/email-protection#63100b020e0e0c0d072302010a0f0a171a0c0d064d040c15"><span class="__cf_email__" data-cfemail="deadb6bfb3b3b1b0ba9ebfbcb7b2b7aaa7b1b0bbf0b9b1a8">[email protected]</span></a>, (571) 457-9468.

SUPPLEMENTARY INFORMATION:

I. Background

    The Committee's last rule making administrative changes was 
published in the Federal Register at June 2, 2000, at 65 FR 35286.
    The Committee seeks to provide the following administrative changes 
based on changes to the Office of the Federal Register's language and 
processes. The Commission seeks to remove mailing address and add email 
address for the Committee and Central Nonprofit Agencies.

[[Page 38961]]

    This proposed rule would update the Committee's regulations in 41 
CFR chapter 51-1.1--51-10.101 to reflect those statutory changes.

II. Changes Proposed by the Committee in This Rulemaking

    This proposed rule amends the Committee's regulations to include 
the following administrative changes:

III. Expected Impact of the Proposed Rule

    This rulemaking is not expected to have a significant impact on 
small businesses.

IV. Regulatory Procedures

Executive Order 12866--Regulatory Planning and Review and Executive 
Order 13563--Improving Regulation and Regulatory Review

    This proposed rule is not a significant regulatory action, under 
E.O. 12866.

Executive Order 13771--Reducing Regulations and Controlling Regulatory 
Costs

    This proposed rule is not expected to be an E.O. 13771 deregulatory 
action.

Regulatory Flexibility Act

    It has been certified that this proposed rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.

Paperwork Reduction Act

    This proposed rule does not contain an information collection 
requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Unfunded Mandates Reform Act of 1995

    This proposed rule will not result in the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector, of $100,000,000 or more in any one year, and it will not 
significantly or uniquely affect small governments.

List of Subjects

41 CFR Part 51-1

    Government procurement, Individuals with disabilities.

41 CFR Part 51-2

    Government procurement, Individuals with disabilities, Organization 
and functions (Government agencies).

41 CFR Part 51-3

    Government procurement, Individuals with disabilities.

41 CFR Part 51-4

    Government procurement, Individuals with disabilities, Reporting 
and recordkeeping requirements.

41 CFR Parts 51-5 and 51-6

    Government procurement, Individuals with disabilities.

41 CFR Part 51-7

    Environmental impact statements.

41 CFR Part 51-8

    Administrative practice and procedure, Archives and records, 
Confidential business information, Freedom of information, Privacy Act.

41 CFR Part 51-9

    Privacy Act Rules.

41 CFR Part 51-10

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities.

    For reasons set forth in the preamble, the Committee proposes to 
amend 41 CFR parts 51-1 through 51-10 as follows:

0
1. The authority citation for parts 51-1, 51-2, 51-3, 51-4, 51-5, 51-6, 
51-7, 51-8, 51-9, and 51-10 continues to read as follows:

    Authority:  41 U.S.C. 46-48c.

PART 51-1--GENERAL

0
2. Revise Sec.  51-1.1 to read as follows:


Sec.  51-1.1   Policy.

    (a) It is the policy of the Government to increase employment and 
training opportunities for persons who are blind or have other severe 
disabilities through the purchase of products and services from 
qualified nonprofit agencies employing persons who are blind or have 
other severe disabilities. The Committee for Purchase from People Who 
Are Blind or Severely Disabled (hereinafter the Committee) was 
established by the Javits-Wagner-O'Day Act, Public Law [111-350, 
section 3, Jan. 4, 2011, 124 Stat. 3837], as amended and recodifies, 41 
U.S.C. 8501-8506 (hereinafter the JWOD Act). The Committee is 
responsible for implementation of a comprehensive program designed to 
enforce this policy.
    (b) It is the policy of the Committee to encourage all Federal 
entities and employees to provide the necessary support to ensure that 
the JWOD Act is implemented in an effective manner. This support 
includes purchase of products and services published on the Committee's 
Procurement List through appropriate channels from nonprofit agencies 
employing persons who are blind or have other severe disabilities 
designated by the Committee; recommendations to the Committee of new 
products and services suitable for addition to the Procurement List; 
and cooperation with the Committee and the central nonprofit agencies 
in the provision of such data as the Committee may decide is necessary 
to determine suitability for addition to the Procurement List.
0
3. Revise Sec.  51-1.2 to read as follows:


Sec.  51-1.2   Mandatory source priorities.

    (a) The JWOD Act mandates that products or services on the 
Procurement List required by Government entities be procured, as 
prescribed in this regulation, from a nonprofit agency employing 
persons who are blind or have other severe disabilities, at a price 
established by the Committee, if that product or service is available 
within the normal period required by that Government entity. Except as 
provided in paragraph (b) of this section, the JWOD Act has priority, 
under the provisions of 41 U.S.C. 8504, over any other supplier of the 
Government's requirements for products and services on the Committee's 
Procurement List.
    (b) Federal Prison Industries, Inc. has priority, under the 
provisions of 18 U.S.C. 4124 and 41 U.S.C. 8504(b), over nonprofit 
agencies employing persons who are blind or have other severe 
disabilities in furnishing products for sale to the Government. All or 
a portion of the Government's requirement for a product for which 
Federal Prison Industries, Inc. has exercised its priority may be added 
to the Procurement List. However, such addition is made with the 
understanding that procurement under the JWOD Act shall be limited to 
that portion of the Government's requirement for the product which is 
not available or not required to be procured from Federal Prison 
Industries, Inc.
    (c) The JWOD Act requires the Committee to prescribe regulations 
providing that, in the purchase by the Government of products produced 
and offered for sale by qualified nonprofit agencies employing persons 
who are blind and nonprofit agencies employing persons who have other 
severe disabilities, priority shall be accorded to products produced 
and offered for sale by qualified nonprofit agencies for the blind. In 
approving the addition of products, to the Procurement List, the 
Committee accords priority to nonprofit agencies for the blind. 
Nonprofit agencies for the blind and nonprofit agencies employing 
persons with severe

[[Page 38962]]

disabilities have equal priority for services.
0
4. Amend Sec.  51-1.3 by:
0
a. Revising the definitions of ``AbilityOne Program,'' ``Central 
nonprofit agency,'' ``Committee'', Contracting activity'', ``Direct 
labor'', ``Interested person'', ``Military resale'', ``Nonprofit 
agency'', ``Participating nonprofit agency'', and ``Procurement List'';
0
b. Adding in alphabetical order a definition for ``Qualified nonprofit 
agency for other severely disabled'';
0
c. Removing the definition of ``Qualified nonprofit agency for other 
severely handicapped''; and
0
d. Revising the definition of ``Qualified nonprofit agency for the 
blind''.
    The revisions and addition read as follows:


Sec.  51-1.3  Definitions.

* * * * *
    AbilityOne Program means the program authorized by the JWOD Act to 
increase employment and training opportunities for persons who are 
blind or have other severe disabilities through Government purchasing 
of products and services from nonprofit agencies employing these 
persons.
* * * * *
    Central nonprofit agency means an agency organized under the laws 
of the United States or of any State, operated in the interest of the 
blind or persons with other severe disabilities, the net income of 
which does not incur in whole or in part to the benefit of any 
shareholder or other individual, and designated by the Committee to 
facilitate the distribution (by direct allocation, subcontract, or any 
other means) of orders of the Government for products and services on 
the Procurement List among nonprofit agencies employing persons who are 
blind or have other severe disabilities, to provide information 
required by the Committee to implement the JWOD Program, and to 
otherwise assist the Committee in administering these regulations as 
set forth herein by the Committee.
    Committee means the Committee for Purchase from People Who Are 
Blind or Severely Disabled.
    Contracting activity means any element of an entity of the 
Government that has responsibility for identifying and/or procuring 
Government requirements for products or services. Components of a 
contracting activity, such as a contracting office and an ordering 
office, are incorporated in this definition, which includes all offices 
within the definitions of ``contracting activity,'' ``contracting 
office,'' and ``contract administration office'' contained in the 
Federal Acquisition Regulation, 48 CFR 2.101.
    Direct labor means all work required for preparation, processing, 
and packing of a product or work directly related to the performance of 
a service, but not supervision, administration, inspection or shipping.
* * * * *
    Interested person means an individual or legal entity affected by a 
proposed addition of a product or service to the Procurement List or a 
deletion from it.
    Military resale products means products on the Procurement List 
sold for the private, individual use of authorized patrons of Armed 
Forces commissaries and exchanges, or like activities of other 
Government departments and agencies.
    Nonprofit agency (formerly workshop) means a nonprofit agency 
serving people who are blind or a nonprofit agency employing persons 
with severe disabilities, as appropriate.
* * * * *
    Participating nonprofit agency (formerly participating workshop) 
means any nonprofit agency which has been authorized by the Committee 
to furnish a product or service to the Government under the JWOD Act.
    Procurement List means a list of products (including military 
resale products) and services which the Committee has determined to be 
suitable to be furnished to the Government by nonprofit agencies for 
the blind or nonprofit agencies employing persons with severe 
disabilities pursuant to the JWOD Act and these regulations.
    Qualified nonprofit agency for other severely disabled (formerly 
workshop for other severely handicapped) means an agency organized 
under the laws of the United States or any State, operated in the 
interests of persons with severe disabilities who are not blind, and 
the net income of which does not inure in whole or in part to the 
benefit of any shareholder or other individual; which complies with 
applicable occupational health and safety standards prescribed by the 
Secretary of Labor; and which in furnishing products and services 
(whether or not the products or services are procured under these 
regulations) during the fiscal year employs persons with severe 
disabilities (including blind) for not less than 75 percent of the 
work-hours of direct labor required to furnish such products or 
services.
    Qualified nonprofit agency for the blind (hereinafter nonprofit 
agency for the blind) (formerly workshop for the blind) means an agency 
organized under the laws of the United States or of any State, operated 
in the interest of blind individuals, and the net income of which does 
not inure in whole or in part to the benefit of any shareholder or 
other individual; which complies with applicable occupational health 
and safety standards prescribed by the Secretary of Labor; and which in 
furnishing products and services (whether or not the products or 
services are procured under these regulations) during the fiscal year 
employs blind individuals for not less than 75 percent of the work-
hours of direct labor required to furnish such products or services.
* * * * *

PART 51-2--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR 
SEVERELY DISABLED

0
5. Revise Sec.  51-2.2 to read as follows:


Sec.  51-2.2  Powers and responsibilities.

    The Committee is responsible for carrying out the following 
functions in support of its mission of providing employment and 
training opportunities for persons who are blind or have other severe 
disabilities and, whenever possible, preparing those individuals to 
engage in competitive employment:
    (a) Establish rules, regulations, and policies to assure effective 
implementation of the JWOD Act.
    (b) Determine which product and services procured by the Federal 
Government are suitable to be furnished by qualified nonprofit agencies 
employing persons who are blind or have other severe disabilities and 
add those items to the Committee's Procurement List. Publish notices of 
addition to the Procurement List in the Federal Register. Disseminate 
information on Procurement List items to Federal agencies. Delete items 
no longer suitable to be furnished by nonprofit agencies. Authorize and 
deauthorize central nonprofit agencies and nonprofit agencies to accept 
orders from contracting activities for the furnishing of specific 
products and services on the Procurement List.
    (c) Determine fair market prices for items added to the Procurement 
List and revise those prices in accordance with changing market 
conditions to assure that the prices established are reflective of the 
market.
    (d) Monitor nonprofit agency compliance with Committee regulations 
and procedures.
    (e) Inform Federal agencies about the AbilityOne Program and the 
statutory mandate that items on the Procurement

[[Page 38963]]

List be purchased from qualified nonprofit agencies, and encourage and 
assist entities of the Federal Government to identify additional 
products and services that can be purchased from qualified nonprofit 
agencies. To the extent possible, monitor Federal agencies' compliance 
with JWOD requirements.
    (f) Designate, set appropriate ceilings on fee paid to these 
central nonprofit agencies by nonprofit agencies selling items under 
the AbilityOne Program, and provide guidance to central nonprofit 
agencies engaged in facilitating the distribution of Government orders 
and helping State and private nonprofit agencies participate in the 
AbilityOne Program.
    (g) Conduct a continuing study and evaluation of its activities 
under the JWOD Act for the purpose of assuring effective and efficient 
administration of the JWOD Act. The Committee may study, independently, 
or in cooperation with other public or nonprofit private agencies, 
problems relating to:
    (1) The employment of the blind or individuals with other severe 
disabilities.
    (2) The development and adaptation of production methods which 
would enable a greater utilization of these individuals.
    (h) Provide technical assistance to the central nonprofit agencies 
and the nonprofit agencies to contribute to the successful 
implementation of the JWOD Act.
    (i) Assure that nonprofit agencies employing persons who are blind 
will have priority over nonprofit agencies employing persons with 
severe disabilities in furnishing products.
0
6. Revise Sec.  51-2.3 to read as follows:


Sec.  51-2.3  Notice of proposed addition or deletion.

    At least 30 days prior to the Committee's consideration of the 
addition or deletion of a product or service to or from the Procurement 
List, the Committee publishes a notice in the Federal Register 
announcing the proposed addition or deletion and providing interested 
persons an opportunity to submit written data or comments on the 
proposal. Interested persons submitting comments in bound form should 
also submit an unbound copy that is capable of being legibly 
photocopied.
0
7. Revise Sec.  51-2.4 to read as follows:


Sec.  51-2.4  Determination of suitability.

    (a) For a product or service to be suitable for addition to the 
Procurement List, each of the following criteria must be satisfied:
    (1) Employment potential. The proposed addition must demonstrate a 
potential to generate employment for persons who are blind or have 
other severe disabilities.
    (2) Nonprofit agency qualifications. The nonprofit agency (or 
agencies) proposing to furnish the item must qualify as a nonprofit 
agency serving persons who are blind or have other severe disabilities, 
as set forth in part 51-4 of this chapter.
    (3) Capability. The nonprofit agency (or agencies) desiring to 
furnish a product or service under the JWOD Program must satisfy the 
Committee as to the extent of the labor operations to be performed and 
that it will have the capability to meet Government quality standards 
and delivery schedules by the time it assumes responsibility for 
supplying the Government.
    (4) Level of impact on the current contractor for the product or 
service. (i) In deciding whether or not a proposed addition to the 
Procurement List is likely to have a severe adverse impact on the 
current contractor for the specific product or service, the Committee 
gives particular attention to:
    (A) The possible impact on the contractor's total sales, including 
the sales of affiliated companies and parent corporations. In addition, 
the Committee considers the effects of previous Committee actions.
    (B) Whether that contractor has been a continuous supplier to the 
Government of the specific product or service proposed for addition and 
is, therefore, more dependent on the income from such sales to the 
Government.
    (ii) If there is not a current contract for the product or service 
being proposed for addition to the Procurement List, the Committee may 
consider the most recent contractor to furnish the item to the 
Government as the current contractor for the purpose of determining the 
level of impact.
    (b) In determining the suitability of a product or service for 
addition to the Procurement List, the Committee also considers other 
information it deems pertinent, including comments on a proposal 
published in the Federal Register to add the product or service to the 
Procurement List and information submitted by Government personnel and 
interested persons. Because the Committee's authority to establish fair 
market prices is separate from its authority to determine the 
suitability of a product or service for addition to the Procurement 
List, the Committee does not consider comments on proposed fair market 
prices for products and services proposed for addition to the 
Procurement List to be pertinent to a suitability determination.
0
8. Revise Sec.  51-2.5 to read as follows:


Sec.  51-2.5  Committee decision.

    The Committee considers the particular facts and circumstances in 
each case in determining if a product or service is suitable for 
addition to the Procurement List. When the Committee determines that a 
proposed addition is likely to have a severe adverse impact on a 
current contractor, it takes this fact into consideration in deciding 
not to add the product or service to the Procurement List, or to add 
only a portion of the Government requirement for the item. If the 
Committee decides to add a product or service in whole or in part to 
the Procurement List, that decision is announced in the Federal 
Register with a notice that includes information on the effective date 
of the addition.
0
9. Amend Sec.  51-2.7 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  51-2.7   Fair market price.

    (a) The Committee is responsible for determining fair market 
prices, and changes thereto, for products and services on the 
Procurement List. The Committee establishes an initial fair market 
price at the time a product or service is added to the Procurement 
List. This initial price is based on Committee procedures, which permit 
negotiations between the contracting activity and the nonprofit agency 
which will produce or provide the product or service to the Government, 
assisted by the appropriate central nonprofit agency. If agreed to by 
the negotiating parties, the initial price may be developed using other 
methodologies specified in Committee pricing procedures.
* * * * *
    (c) Recommendations for initial fair market prices, or changes 
thereto, shall be submitted jointly by the contracting activities and 
nonprofit agencies concerned to the appropriate central nonprofit 
agency. After review and analysis, the central nonprofit agency shall 
submit the recommended prices and methods by which prices shall be 
changed to the Committee, along with the information required by 
Committee pricing procedures to support each recommendation. The 
Committee will review the recommendations, revise the recommended 
prices where appropriate, and establish a fair market price, or change 
thereto, for each product or service which is the subject of a 
recommendation.

[[Page 38964]]

0
10. Amend Sec.  51-2.8 by revising the section heading and paragraphs 
(a) and (b) to read as follows:


Sec.  51-2.8  Procurement List.

    (a) The Committee maintains a Procurement List which includes the 
products and services which shall be procured by Government departments 
and agencies under the JWOD Act from the nonprofit agency(ies) 
designated by the Committee. Copies of the Procurement List, together 
with information on procurement requirements and procedures, are 
available at the Committee's website: https://www.abilityone.gov.
    (b) For products, including military resale products, the 
Procurement List identifies the name and national stock number or item 
designation for each product, and where appropriate, any limitation on 
the portion of the product which must be procured under the JWOD Act.
* * * * *

PART 51-3--CENTRAL NONPROFIT AGENCIES

0
11. Revise Sec.  51-3.1 to read as follows:


Sec.  51-3.1  General.

    Under the provisions of section 2(c) of the JWOD Act, the Committee 
designates Central Nonprofit Agency(ies) (CNAs) through a separate 
written agreement approved by vote of the Commission. The list of the 
current central nonprofit agency(ies) designated by the Committee is 
available at the Committee's website: https://www.abilityone.gov.
0
12. Amend Sec.  51-3.2 by revising paragraphs (c), (d), (e), (h), (i), 
(k), and (l) to read as follows:


Sec.  51-3.2  Responsibilities under the AbilityOne Program.

* * * * *
    (c) Obtain from Federal contracting activities such procurement 
information as is required by the Committee to:
    (1) Determine the suitability of a product or service being 
recommended to the Committee for addition to the Procurement List; and
    (2) Establish an initial fair market price for a product or service 
or make changes in the fair market price.
    (d) Recommend to the Committee, with the supporting information 
required by Committee policy or procedures, suitable products or 
services for procurement from its nonprofit agencies.
    (e) Recommend to the Committee, with the supporting information 
required by Committee policy or procedures, initial fair market prices 
for products or services proposed for addition to the Procurement List.
* * * * *
    (h) Oversee and assist its nonprofit agencies to ensure contract 
compliance in furnishing a product or a service.
    (i) As market conditions change, recommend price changes with 
appropriate justification for assigned products or services on the 
Procurement List.
* * * * *
    (k) When authorized by the Committee, enter into contracts with 
Federal contracting activities for the furnishing of products or 
services provided by its nonprofit agencies.
    (l) At the time designated by the Committee, submit a completed, 
original copy of the appropriate Initial Representations and 
Certification(s) for the nonprofit agency concerned. This requirement 
does not apply to a nonprofit agency that is already authorized to 
furnish a product or service under the JWOD Act.
* * * * *
0
13. Revise Sec.  51-3.3 to read as follows:


Sec.  51-3.3  Assignment of product or service.

    (a) The central nonprofit agencies shall determine by mutual 
agreement the assignment to one of them of a product or service for the 
purpose of evaluating its potential for possible future addition to the 
Procurement List, except that the Committee shall initially assign a 
product to a central nonprofit agency for the blind when a central 
nonprofit agency for other severely disabled has expressed an interest 
in the product and a central nonprofit agency for the blind has 
exercised the blind priority.
    (b) Central nonprofit agencies for other severely disabled shall 
provide a central nonprofit agency for the blind with procurement 
information necessary for a decision to exercise or waive the blind 
priority when it requests a decision. A central nonprofit agency for 
the blind shall normally notify an interested central nonprofit agency 
of its decision within 30 days, but not later than 60 days after 
receipt of the procurement information, unless the central nonprofit 
agencies agree to an extension of time for the decision. Disagreements 
on extensions shall be referred to the Committee for resolution.
    (c) If a central nonprofit agency for the blind exercises the blind 
priority for a product, it shall immediately notify the Committee and 
any other central nonprofit agency and shall submit to the Committee a 
proposal to add the product to the Procurement List within nine months 
of the notification, unless the Committee extends the assignment period 
because of delays beyond the control of the central nonprofit agency 
for the blind. Upon expiration of the assignment period, the Committee 
shall reassign the product to another central nonprofit agency.
    (d) The central nonprofit agency assigned a product shall, 
consistent with 41 U.S.C. 8504(b) and 41 CFR 51-6.2(d), confirm that 
the contracting activity obtain a decision from Federal Prison 
Industries on the exercise or waiver of its priority, including 
submitting the procurement information required by Federal Prison 
Industries when it requests the decision. Federal Prison Industries 
shall normally notify the contracting activity of its decision within 
30 days, but not later than 60 days after receipt of the procurement 
information, unless it agrees with the contracting activity on an 
extension of time for the decision. The contracting activity shall 
notify the central nonprofit agency of any disagreements with Federal 
Prison Industries and the central nonprofit agency shall refer a 
disagreement over an extension to the Committee for resolution with 
Federal Prison Industries.
    (e) The central nonprofit agency shall provide the Committee the 
decision of Federal Prison Industries on the waiver or exercise of its 
priority when it requests the addition of the product to the 
Procurement List. The central nonprofit agency shall also provide the 
decision of a central nonprofit agency for the blind waiving its 
priority.
0
14. Revise Sec.  51-3.4 to read as follows:


Sec.  51-3.4  Distribution of orders.

    Central nonprofit agencies shall distribute orders from the 
Government only to nonprofit agencies which the Committee has approved 
to furnish the specific product or service. When the Committee has 
approved two or more nonprofit agencies to furnish a specific product 
or service, the central nonprofit agency shall distribute orders among 
those nonprofit agencies in a fair and equitable manner.

PART 51-4--NONPROFIT AGENCIES

0
15. Amend Sec.  51-4.3 by revising paragraphs (a), (b) introductory 
text, and (b)(1) and (9) to read as follows:


Sec.  51-4.3  Maintaining qualification.

    (a) To maintain its qualification under the JWOD Act, each 
nonprofit agency authorized to furnish a product or a service shall 
continue to comply with the requirements of a ``nonprofit agency for 
other severely disabled'' or a ``nonprofit agency for the blind'' as 
defined in Sec.  51-1.3 of this chapter. In

[[Page 38965]]

addition, each such nonprofit agency must submit to its central 
nonprofit agency by November 1 of each year, two completed copies of 
the appropriate Annual Representations and Certifications covering the 
fiscal year ending the preceding September 30.
    (b) In addition to paragraph (a) of this section, each nonprofit 
agency participating in the Ability One Program shall:
    (1) Furnish products or services in strict accordance with 
Government orders.
* * * * *
    (9) Upon receipt of payment by the Government for products or 
services furnished under the Ability One Program, pay to the central 
nonprofit agency a fee which meets the requirements of Sec.  51-3.5 of 
this chapter.
* * * * *
0
16. Amend Sec.  51-4.4 by revising paragraphs (a) through (c) to read 
as follows:


Sec.  51-4.4  Subcontracting.

    (a) Nonprofit agencies shall seek broad competition in the purchase 
of materials and components used in the products and services furnished 
to the Government under the JWOD Act. Nonprofit agencies shall inform 
the Committee, through their central nonprofit agency, before entering 
into multiyear contracts for materials or components used in the 
products and services furnished to the Government under the JWOD Act.
    (b) Each nonprofit agency shall accomplish the maximum amount of 
subcontracting with other nonprofit agencies and small business 
concerns that the nonprofit agency finds to be consistent both with 
efficient performance in furnishing products or services under the JWOD 
Act and maximizing employment for persons who are blind or have other 
severe disabilities.
    (c) Nonprofit agencies may subcontract a portion of the process for 
producing a product or providing a service on the Procurement List 
provided that the portion of the process retained by the prime 
nonprofit agency generates employment for persons who are blind or have 
other severe disabilities. Subcontracting intended to be a routine part 
of the production of a product or provision of a service shall be 
identified to the Committee at the time the product or service is 
proposed for addition to the Procurement List and any significant 
changes in the extent of subcontracting must be approved in advance by 
the Committee.
* * * * *

PART 51-5--CONTRACTING REQUIREMENTS

0
17. Revise Sec.  51-5.1 to read as follows:


Sec.  51-5.1  General.

    (a) Contracting activities are encouraged to assist the Committee 
and the central nonprofit agencies in identifying suitable products and 
services to be furnished by nonprofit agencies employing persons who 
are blind or have other severe disabilities so that the Committee can 
attain its objective of increasing employment and training 
opportunities for individuals who are blind or have other severe 
disabilities. For items which appear to be suitable to be furnished by 
nonprofit agencies, the contracting activity should refer the candidate 
products and services to the Committee or a central nonprofit agency. 
If a contracting activity decides to procure one or more products which 
are similar to a product or products on the Procurement List, the 
contracting activity should refer the products it intends to procure to 
the Committee or a central nonprofit agency.
    (b) Contracting activities shall provide the Committee and 
designated central nonprofit agencies with information needed to enable 
the Committee to determine whether a product or service is suitable to 
be furnished by a nonprofit agency. For products, information such as 
the latest solicitation and amendments, bid abstracts, procurement 
history, estimated annual usage quantities, and anticipated date of 
next solicitation issuance and opening may be needed. For services, 
similar information including the statement of work and applicable wage 
determination may be required. In order to assist in evaluating the 
suitability of an Office of Management and Budget Circular No. A-76 
conversion, contracting activities should provide a copy of the draft 
statement of work and applicable wage determination to the central 
nonprofit agency upon its request.
0
18. Amend Sec.  51-5.2 by revising paragraphs (a) through (d) to read 
as follows:


Sec.  51-5.2  Mandatory source requirement.

    (a) As provided in 41 U.S.C. 8504, entities of the Federal 
Government intending to procure products or services on the Procurement 
List shall procure such products and services from nonprofit agencies 
authorized by the Committee. The only exception to this mandatory 
requirement is for products available from the Federal Prison 
Industries, Inc., which has a purchase priority over products on the 
Procurement List.
    (b) Purchases of products on the Procurement List by entities of 
the Government shall be made from sources authorized by the Committee. 
These sources may include nonprofit agencies, central nonprofit 
agencies when approved by the Committee, Government central supply 
agencies such as the Defense Logistics Agency and the General Services 
Administration, and certain commercial distributors. As noted in Sec.  
51-6.2 of this chapter, identification of the authorized sources for a 
particular product may be obtained from the central nonprofit agencies 
indicated on the Procurement List which is found at www.abilityone.gov.
    (c) Contracting activities shall require other persons providing 
products which are on the Procurement List to entities of the 
Government by contract to order these products from the sources 
authorized by the Committee.
    (d) Procedures for obtaining military resale products are contained 
in Sec.  51-6.4 of this chapter.
* * * * *
0
19. Amend Sec.  51-5.3 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  51-5.3  Scope of requirement.

    (a) When a product is included on the Procurement List, the 
mandatory source requirement covers the National Stock Number or item 
designation listed and products that are essentially the same as the 
listed item. In some instances, only a portion of the Government 
requirement for a National Stock Number or item designation is 
specified by the Procurement List. Where geographic areas, quantities, 
percentages or specific supply locations for a product are listed, the 
mandatory provisions of the JWOD Act apply only to the portion or 
portions of the product indicated by the Procurement List.
* * * * *
    (c) When a product or service is added to the Procurement List, the 
addition does not affect contracts for the product or service awarded 
prior to the effective date of the Procurement List addition or options 
exercised under those contracts.
0
20. Amend Sec.  51-5.4 by revising paragraphs (a)(1) and (2) to read as 
follows:


Sec.  51-5.4  Purchase exceptions.

    (a) * * *
    (1) The central nonprofit agency or its nonprofit agency(ies) 
cannot furnish a product or service within the period specified, and

[[Page 38966]]

    (2) The product or service is available from commercial sources in 
the quantities needed and significantly sooner than it will be 
available from the nonprofit agency(ies).
* * * * *
0
21. Amend Sec.  51-5.5 by revising paragraphs (a), (b), (c), and (e) to 
read as follows:


Sec.  51-5.5  Prices.

    (a) The prices for items on the Procurement List are fair market 
prices established by the Committee under authority of the Javits-
Wagner-O'Day Act (41 U.S.C. 8503(b)]).
    (b) Prices for products include applicable packaging, packing, and 
marking. Prices include transportation to point of delivery as 
specified in Sec.  51-5.6.
    (c) Price changes for products and services shall usually apply to 
orders received by the nonprofit agency on or after the effective date 
of the change. In special cases, after considering the views of the 
contracting activity, the Committee may make price changes applicable 
to orders received by the nonprofit agency prior to the effective date 
of the change.
* * * * *
    (e) If a contracting activity desires packing, packaging, or 
marking of products other than the standard pack or as provided in the 
Procurement List, any difference in cost shall be negotiated with the 
nonprofit agency.
0
22. Revise Sec.  51-5.6 to read as follows:


Sec.  51-5.6  Shipping.

    (a) Except as provided in paragraph (b) of this section, products 
are sold to the Government on an ``F.O.B. destination'' basis, with 
delivery being accomplished when the shipment reaches the facility 
designated by the contracting activity. Time of delivery is when the 
shipment is released by the carrier and accepted by the contracting 
activity or its agent. In this delivery method, the nonprofit agency 
will normally use commercial bills of lading and will be responsible 
for any loss or damage to the goods occurring before the products reach 
the designated delivery point. The nonprofit agency will prepare and 
distribute commercial bills of lading, furnish delivery schedules, 
designate the carriers, and pay all shipping charges to specified 
delivery points.
    (b) The Committee may determine that certain products are to be 
sold to the Government on an ``F.O.B. origin'' basis, with delivery 
being accomplished when a shipment is placed aboard the vehicle of the 
initial carrier. Time of delivery is when the shipment is released to 
and accepted by the initial carrier. In this delivery method, the 
nonprofit agency will normally use Government bills of lading, and 
responsibility for loss or damage to the goods while in transit passes 
to the Government at the time the initial carrier accepts a shipment. 
If the contracting activity fails to furnish a Government bill of 
lading promptly, such failure shall be considered an excusable delay in 
delivery.
0
23. Revise Sec.  51-5.7 to read as follows:


Sec.  51-5.7   Payments.

    Payments for products or services of persons who are blind or have 
other severe disabilities shall be made within 30 days after shipment 
or receipt of a proper invoice or voucher.

PART 51-6--PROCUREMENT PROCEDURES

0
24. Amend Sec.  51-6.1 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  51-6.1   Direct order process.

    (a) Once a product or service is added to the Procurement List, the 
central nonprofit agency may authorize the contracting activity to 
issue orders directly to a nonprofit agency without requesting an 
allocation for each order. This procedure is known as the direct order 
process.
* * * * *
    (c) An order for products or services shall provide leadtime 
sufficient for purchase of materials, production or preparation, and 
delivery or completion.
* * * * *
0
25. Amend Sec.  51-6.2 by revising paragraphs (a), (b) introductory 
text, (b)(1), (c), (d), (g), (i), and (k) to read as follows:


51-6.2   Allocation process.

    (a) In those cases where a direct order authorization has not been 
issued as described in Sec.  51-6.1, the contracting activity shall 
submit written requests for allocation to the appropriate central 
nonprofit agency indicated by the Procurement List which is found at 
the Committee's website: https://www.abilityone.gov.
    (b) Requests for allocations shall contain, as a minimum:
    (1) For products. Name, stock number, latest specification, 
quantity, unit price, and place and time of delivery.
* * * * *
    (c) Contracting activities shall request allocations in sufficient 
time for the central nonprofit agency to reply, for the order(s) to be 
placed, and for the nonprofit agencies to furnish the product or 
service (see paragraph (i) of this section).
    (d) When a product on the Procurement List also appears on the 
Federal Prison Industries' ``Schedule of Products,'' the contracting 
activity shall obtain clearance from the Federal Prison Industries 
prior to requesting an allocation or placing an order directly to the 
nonprofit agency(ies).
* * * * *
    (g) An allocation is not an obligation to supply a product or 
service, or an obligation for the contracting activity to issue an 
order. Nonprofit agencies are not authorized to commence production 
until receipt of an order.
* * * * *
    (i) An order for products or services shall provide leadtime 
sufficient for purchase of materials, production or preparation, and 
delivery or completion.
* * * * *
    (k) In those instances where the central nonprofit agency is the 
prime contractor rather than the nonprofit agency, the central 
nonprofit agency will designate the nonprofit agency(ies) authorized by 
the Committee to furnish definite quantities of products or specific 
services upon receipt of an order from the contracting activity.
0
26. Revise Sec.  51-6.3 to read as follows:


Sec.  51-6.3   Long-term procurements.

    (a) Contracting activities are encouraged to investigate long-term 
ordering agreements for products listed on the Procurement List to 
level off demand, thereby helping ensure stability of employment and 
development of job skills for persons who are blind or have other 
severe disabilities.
    (b) Contracting activities are encouraged to use the longest 
contract term available by law to their agencies for contracts for 
products and services under the AbilityOne Program, in order to 
minimize the time and expense devoted to formation and renewal of these 
contracts.
0
27. Revise Sec.  51-6.4 to read as follows:


Sec.  51-6.4   Military resale products.

    (a) Purchase procedures for ordering military resale products are 
available from the central nonprofit agencies. Authorized resale 
outlets (military commissary stores, Armed Forces exchanges and like 
activities of other Government departments and agencies) shall request 
the central nonprofit agency responsible for the military resale 
product being ordered to designate the nonprofit agency or its agent to 
which the outlets shall forward orders.
    (b) Authorized resale outlets shall stock military resale products 
in as

[[Page 38967]]

broad a range as practicable. Authorized resale outlets may stock 
commercial items comparable to military resale products they stock, 
except that military commissary stores shall stock military resale 
products in the 300-800-, 900-, 1000-, 1100-, 10000- (10000-10999); 
13000 (13000-13999); 14000 (14000-14999); 15000 (15000-15999); and 
16000 (16000-16999) series exclusively, unless an exception has been 
granted on an individual store basis for the stocking of comparable 
commercial items for which there is a significant customer demand.
    (c) The Defense Commissary Agency shall, after consultation with 
the Committee:
    (1) Establish mandatory lists of military resale products to be 
stocked in commissary stores.
    (2) Require the stocking in commissary stores of military resale 
products in the 0- (0-99), 200-, 300-, 400-, 500-, 600-, 700-, 800-, 
900-, 1000-, 1100-, 1200- (1200-9999), 10000- (10000-10999), 11000 
(11000-11999); 12000 (12000-12999); 13000 (13000-13999); 14000 (14000-
14999); 15000 (15000-15999); and 16000 (16000-16999) series in as broad 
a range as is practicable.
    (3) Issue guidance requiring commissary store personnel to maximize 
sales potential of military resale products.
    (4) Establish policies and procedures which reserve to its agency 
headquarters the authority to grant exceptions to the exclusive 
stocking of 300-, 800-, 900-, 1000-, 1100-, 10000- (10000-10999); 13000 
(13000-13999); 14000 (14000-14999); 15000 (15000-15999); and 16000 
(16000-16999) series military resale products.
    (d) The Defense Commissary Agency shall provide the Committee a 
copy of each directive which relates to the stocking of military resale 
products in commissary stores, including exceptions authorizing the 
stocking of commercial items in competition with 300-, 800-, 900-, 
1000-, 1100-, 10000- (10000-10999); 13000 (13000-13999); 14000 (14000-
14999); 15000 (15000-15999); and 16000 (16000-16999) series military 
resale products.
    (e) The prices of military resale products include delivery to 
destination or, in the case of destinations overseas, to designated 
depots at ports of embarkation. Zone pricing is used for delivery to 
Alaska and Hawaii.
0
28. Amend Sec.  51-6.6. by revising paragraph (a) to read as follows:


Sec.  51-6.6  Request for waiver of specification requirement.

    (a) Nonprofit agencies and central nonprofit agencies are 
encouraged to recommend changes to specification requirements or 
request waivers where there are opportunities to provide equal or 
improved products at a lower cost to the Government.
* * * * *
0
29. Revise Sec.  51-6.7 to read as follows:


Sec.  51-6.7  Orders in excess of nonprofit agency capability.

    (a) Nonprofit agencies are expected to furnish products on the 
Procurement List within the time frames specified by the Government. 
The nonprofit agency must have the necessary production facilities to 
meet normal fluctuations in demand.
    (b) Nonprofit agencies shall take those actions necessary to ensure 
that they can ship products within the time frames specified by the 
Government. In instances where the nonprofit agency determines that it 
cannot ship the product in the quantities specified by the required 
shipping date, it shall notify the central nonprofit agency and the 
contracting activity. The central nonprofit agency shall request a 
revision of the shipping schedule which the contracting activity should 
grant, if feasible, or the central nonprofit agency shall issue a 
purchase exception authorizing procurement from commercial sources as 
provided in Sec.  51-5.4 of this chapter.
0
30. Amend Sec.  51-6.8 by revising paragraphs (a), (b), (c), and (e) to 
read as follows:


Sec.  51-6.8  Deletion of items from the Procurement List.

    (a) When a central nonprofit agency decides to request that the 
Committee delete a product or service from the Procurement List, it 
shall notify the Committee staff immediately. Before reaching a 
decision to request a deletion of an item from the Procurement List, 
the central nonprofit agency shall determine that none of its nonprofit 
agencies is capable and desirous of furnishing the product or service 
involved.
    (b) Except in cases where the Government is no longer procuring the 
item in question, the Committee shall, prior to deleting an item from 
the Procurement List, determine that none of the nonprofit agencies of 
any other central nonprofit agency is desirous and capable of 
furnishing the product or service involved.
    (c) Nonprofit agencies will normally be required to complete 
production of any orders for products on hand regardless of the 
decision to delete the item. Nonprofit agencies shall obtain 
concurrence of the contracting activity and the Committee prior to 
returning a purchase order to the contracting activity.
* * * * *
    (e) The Committee may delete an item from the Procurement List 
without a request from a central nonprofit agency if the Committee 
determines that none of the nonprofit agencies participating in the 
AbilityOne Program are capable and desirous of furnishing the product 
or service to the Government, or if the Committee determines that the 
product or service is no longer suitable for procurement from nonprofit 
agencies employing people who are blind or have other severe 
disabilities. In considering such an action, the Committee will consult 
with the appropriate central nonprofit agency, the nonprofit agency or 
agencies involved, and the contracting activity.
0
31. Revise Sec.  51-6.9 to read as follows:


Sec.  51-6.9  Correspondence and inquiries.

    Routine contracting activity correspondence or inquiries concerning 
deliveries of products being shipped from or performance of services by 
nonprofit agencies employing persons who are blind or have other severe 
disabilities shall be with the nonprofit agency involved. Major 
problems shall be referred to the appropriate central nonprofit agency. 
In those instances, where the problem cannot be resolved by the central 
nonprofit agency and the contracting activity involved, the contracting 
activity or central nonprofit agency shall notify the Committee of the 
problem so that action can be taken by the Committee to resolve it.
0
32. Amend Sec.  51-6.10 by revising paragraph (a) to read as follows:


Sec.  51-6.10  Quality of merchandise.

    (a) Products furnished under Government specification by nonprofit 
agencies employing persons who are blind or have other severe 
disabilities shall be manufactured in strict compliance with such 
specifications. Where no specifications exist, products furnished shall 
be of a quality equal to or higher than similar items available on the 
commercial market. Products shall be inspected utilizing nationally 
recognized test methods and procedures for sampling and inspection.
* * * * *
0
33. Amend Sec.  51-6.11 by revising paragraph (a) to read as follows:


Sec.  51-6.11  Quality complaints.

    (a) When the quality of a product received is not considered 
satisfactory

[[Page 38968]]

by the using activity, the activity shall take the following actions as 
appropriate:
    (1) For products received from Defense Logistics Agency supply 
centers, General Services Administration supply distribution 
facilities, Department of Veterans Affairs distribution division or 
other central stockage depots, or specifically authorized supply 
source, notify the supplying agency in writing in accordance with that 
agency's procedures. The supplying agency shall, in turn, provide 
copies of the notice to the nonprofit agency involved and its central 
nonprofit agency.
    (2) For products received directly from nonprofit agencies 
employing persons who are blind or have other severe disabilities, 
address complaints to the nonprofit agency involved with a copy to the 
central nonprofit agency with which it is affiliated.
* * * * *
0
34. Amend Sec.  51-6.12 by revising paragraphs (a), (b), and (e) to 
read as follows:


Sec.  51-6.12   Specification changes and similar actions.

    (a) Contracting activities shall notify the nonprofit agency or 
agencies authorized to furnish a product on the Procurement List and 
the central nonprofit agency concerned of any changes to the 
specification or other description of the product.
    (b) When a government entity is changing the specification or 
description of a product on the Procurement List, including a change 
that involves the assignment of a new national stock number or item 
designation, the office assigned responsibility for the action shall 
obtain the comments of the Committee and the central nonprofit agency 
concerned on the proposed change and shall notify the nonprofit agency 
and the central nonprofit agency concerned at least 90 days prior to 
placing an order for a product covered by the new specification or 
description.
* * * * *
    (e) Nonprofit agencies shall recommend changes in specifications, 
item descriptions, and statements of work that will improve the product 
or service being provided, reduce costs, or improve overall value to 
the Government. Contracting activities shall respond promptly to these 
recommendations and work with the nonprofit agencies to implement them 
when appropriate.
0
35. Revise Sec.  51-6.13 to read as follows:


Sec.  51-6.13  Replacement and similar products.

    (a) When a product on the Procurement List is replaced by another 
product which has not been recently procured, and a nonprofit agency 
can furnish the replacement product in accordance with the Government's 
quality standards and delivery schedules, the replacement product is 
automatically considered to be on the Procurement List and shall be 
procured from the nonprofit agency designated by the Committee at the 
fair market price the Committee has set for the replacement product. 
The product being replaced shall continue to be included on the 
Procurement List until there is no longer a Government requirement for 
that product.
    (b) If contracting activities desire to procure additional sizes, 
colors, or other variations of a product after the product is added to 
the Procurement List, and these similar products have not recently been 
procured, these products are also automatically considered to be on the 
Procurement List.
    (c) In accordance with Sec.  51-5.3 of this chapter, contracting 
activities are not permitted to purchase commercial items that are 
essentially the same as products on the Procurement List.

PART 51-7--PROCEDURES FOR ENVIRONMENTAL ANALYSIS

0
36. Amend Sec.  51-7.1 by revising paragraph (b) to read as follows:


Sec.  51-7.1   Purpose and scope.

* * * * *
    (b) Scope. This part applies to all actions of the Committee for 
Purchase from Persons Who Are Blind or Severely Disabled which may 
affect environmental quality in the United States.
0
37. Amend Sec.  51-7.2 by revising paragraph (a) to read as follows:


Sec.  51-7.2   Early involvement in private, State, and local 
activities requiring Federal approval.

    (a) 40 CFR 1501.2(d) requires agencies to provide for early 
involvement in actions which, while planned by private applicants or 
other non-Federal entities, require some sort of Federal approval. 
Pursuant to the JWOD Act (41 U.S.C. 8501-8506), the Committee for 
Purchase from People Who Are Blind or Severely Disabled makes the 
determination as to which qualified nonprofit agency serving persons 
who are blind or have other severe disabilities will furnish designated 
products and services to the Government.
* * * * *

PART 51-8--PUBLIC AVAILABILTY OF AGENCY MATERIALS

0
38. Amend Sec.  51-8.4 by revising the section heading and adding 
paragraph (g) to read as follows:


Sec.  51-8.4  Responsibility for responding to requests.

* * * * *
    (g) Appointments. Material described in 5 U.S.C. 552(a)(2) shall be 
available for inspection during normal business hours at the 
Committee's offices. An individual who intends to visit the Committee 
offices to inspect this material shall make an appointment with the 
Executive Director at least one week in advance, except when the 
Committee has provided notification to the individual that the material 
is available for inspection in the Committee offices, in which case an 
appointment must be made at least 24 hours in advance. Appointments can 
be requested at the Committee's email address: <a href="/cdn-cgi/l/email-protection#f1989f979eb19093989d9885889e9f94df969e87"><span class="__cf_email__" data-cfemail="0861666e6748696a6164617c7167666d266f677e">[email protected]</span></a>.
0
39. Amend Sec.  51-8.5 by adding paragraph (a) introductory text and 
revising paragraph (a)(1) to read as follows:


Sec.  51-8.5  Timing of Responses to Requests.

    (a) In general. Requests to obtain copies of any material 
maintained by the Committee must be submitted to the Executive Director 
at the Committee's offices, email address: <a href="/cdn-cgi/l/email-protection#92fbfcf4fdd2f3f0fbfefbe6ebfdfcf7bcf5fde4"><span class="__cf_email__" data-cfemail="4f262129200f2e2d2623263b3620212a61282039">[email protected]</span></a>. The 
requester may in his or her petition ask for a fee waiver if there is 
likely to be a charge for the requested information. All requests for 
records shall be deemed to have been made pursuant to the FOIA, 
regardless of whether the Act is specifically mentioned. Failure to 
submit a request in accordance with these procedures may delay the 
processing of the request.
    (1) The Committee ordinarily will respond to requests according to 
their order of receipt. The time limits prescribed in the FOIA will 
begin only after the Committee identifies a request as being made under 
the FOIA and deemed received by the Committee.
* * * * *

PART 51-9--PRIVACY ACT RULES

0
40. Revise Sec.  51-9.301 to read as follows:


Sec.  51-9.301   Notification.

    Any individual who wishes to determine if a system of records 
maintained by the Committee contains a record pertaining to him should 
direct a request to the Executive Director at the address indicated in 
the public notice or

[[Page 38969]]

at the Committee's email address: <a href="/cdn-cgi/l/email-protection#85ecebe3eac5e4e7ece9ecf1fceaebe0abe2eaf3"><span class="__cf_email__" data-cfemail="b6dfd8d0d9f6d7d4dfdadfc2cfd9d8d398d1d9c0">[email protected]</span></a> describing the 
system of records which has been published in the Federal Register. The 
request should display clearly the legend ``Privacy Act Request'' on 
the face of the request letter. The request letter should contain the 
complete name and identifying number of the system as published in the 
Federal Register; the full name, address, and telephone number of the 
subject individual; a brief description of the nature, time, place and 
circumstances of the individual's association with the Committee and 
any other information which the individual believes would facilitate 
the Executive Director's determination whether the individual's name is 
included in the system of records. The Executive Director shall answer 
or acknowledge the request within ten working days.
0
41. Amend Sec.  51-9.301-1 by revising paragraphs (b) and (c) to read 
as follows:


Sec.  51-9.303-1  Form of requests.

* * * * *
    (b) A written request should be directed to the Executive Director 
as listed in the public notice describing the system of records or at 
the Committee's email address: <a href="/cdn-cgi/l/email-protection#e0898e868fa08182898c8994998f8e85ce878f96"><span class="__cf_email__" data-cfemail="d2bbbcb4bd92b3b0bbbebba6abbdbcb7fcb5bda4">[email protected]</span></a>. The individual 
should display clearly on the face of the request letter and on the 
face of the envelope the legend ``Privacy Act Request'', and include 
the complete name and identifying number of the system as published in 
the Federal Register; the full name, address, the telephone number of 
the individual; a brief description of the nature, time, place and 
circumstances of the individual's association with the Committee; and 
any other information which the individual believes would facilitate 
the Executive Director's search for the record.
    (c) An individual who wishes to have a person of his choosing 
accompany him in reviewing a record must sign a statement authorizing 
the disclosure of his record in the presence of another individual, if 
so requested by the Executive Director. An individual who intends to 
visit the Committee office in order to review a record should make an 
appointment with the Executive Director using the Committee's email 
address at: <a href="/cdn-cgi/l/email-protection#61080f070e210003080d0815180e0f044f060e17"><span class="__cf_email__" data-cfemail="ee87808881ae8f8c8782879a9781808bc0898198">[email protected]</span></a> at least one week in advance.
0
42. Revise Sec.  51-9.304-4 to read as follows:


Sec.  51-9.304-4  Form of payment.

    Payment shall be by check or money order payable to the Committee 
for Purchase from People Who Are Blind or Severely Disabled and shall 
be addressed to the Executive Director.
0
43. Amend Sec.  51-9.401 by revising paragraph (a) to read as follows:


Sec.  51-9.401   Submission of requests to amend records.

    (a) An individual who desires to amend any record or information 
pertaining to him should direct a written request to the Executive 
Director, Committee for Purchase From People Who Are Blind or Severely 
Disabled at the Committee's email address: <a href="/cdn-cgi/l/email-protection#573e3931381736353e3b3e232e38393279303821"><span class="__cf_email__" data-cfemail="6f060109002f0e0d0603061b1600010a41080019">[email protected]</span></a>.
* * * * *
0
44. Amend Sec.  51-9.405 by revising paragraph (a) to read as follows:


Sec.  51-9.405   Request of review of refusal to amend a record.

    (a) An individual who disagrees with the refusal to amend may 
appeal that refusal with the Committee. An individual should address a 
request for review of a refusal to amend any record, exclusive of a 
personnel record of a current Committee employee to the Chairperson, 
Committee for Purchase from People Who Are Blind or Severely Disabled 
at the Committee's email address: <a href="/cdn-cgi/l/email-protection#0960676f6649686b6065607d7066676c276e667f"><span class="__cf_email__" data-cfemail="5e373038311e3f3c3732372a2731303b70393128">[email protected]</span></a>.
* * * * *

PART 51-10--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF 
HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMITTEE FOR 
PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

0
45. Amend Sec.  51-10.170 by revising paragraph (c) to read as follows:


Sec.  51-10.170  Compliance procedures.

* * * * *
    (c) The Executive Director shall be responsible for coordinating 
the implementation of this section. Complaints may be sent to the 
Executive Director, Committee for Purchase from People Who Are Blind or 
Severely Disabled at the Committee's email address: 
<a href="/cdn-cgi/l/email-protection#e68f888089a687848f8a8f929f898883c8818990"><span class="__cf_email__" data-cfemail="ec85828a83ac8d8e8580859895838289c28b839a">[email protected]</span></a>.
* * * * *

Michael R. Jurkowski,
Deputy Director, Business Operations.
[FR Doc. 2021-15154 Filed 7-22-21; 8:45 am]
BILLING CODE 6353-01-P


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